Subject Index Insurance

The “Kotecki” Gap: No Insurance Coverage for Assumed Liability

By Christopher E. Kentra
February
2008
Article
, Page 88
Lawyers who represent manufacturers, insurers and others need to understand the Kotecki gap and the supreme court's ruling that most insurance policies don't cover it.

Protection of Military Personnel from False, Misleading, or Deceptive Insurance Practices

January
2008
Illinois Law Update
, Page 16
Effective January 1, 2008, the Department of Financial and Professional Regulation has issued new regulations affecting what methods and practices insurance companies can employ when they sell or attempt to sell life insurance to military personnel. 50 Ill Adm Code 2605.

Changes to rules governing advertising of life insurance and annuities

November
2007
Illinois Law Update
, Page 576
Several sections of Title 50, Section 909 of the Illinois Administrative Code have been amended and a new section added. 

Medicaid Planning in Illinois: Are You Ready for the DRA?

By Kirsten Izatt
November
2007
Article
, Page 586
The Deficit Reduction Act of 2005 requires estate planners to devise new ways to protect the assets of clients who face long nursing-home stays. Illinois hasn't implemented the law, but it will.

Correspondence from Our Readers

September
2007
Column
, Page 450
Medicare and Medicaid; not the same thing.

New rules aim to reduce chance of erroneous license suspensions

July
2007
Illinois Law Update
, Page 348
The Department of Transportation has amended its rules to make the policies of the Secretary of State consistent with those of the Division of Insurance and to ensure that drivers' licenses are not erroneously suspended. 92 Ill Adm Code 1070.20.

Correspondence from Our Readers

May
2007
Column
, Page 226
Report ARDC letters to your malpractice carrier

Insurers’ Claims for Reimbursement from PI Recovery: Recent ERISA Rulings

By James T. Nyeste
May
2007
Article
, Page 244
Healthcare plan reimbursement has been a contentious issue. The Supreme Court's Sereboff ruling answered some questions, but others remain. 

Rules created to implement Veterans’ Health Insurance Program Act

April
2007
Illinois Law Update
, Page 176
The Department of Healthcare and Family Services (Department) has created rules to implement the Veterans' Health Insurance Program Act (Act). 

Basic “right to privacy” inherently includes interests of secrecy and seclusion

February
2007
Illinois Law Update
, Page 72
On November 30, 2006, the Illinois Supreme Court affirmed the decisions of the Illinois Appellate Court, Second District, and the Circuit Court of McHenry County, granting summary judgment to the insured, Swiderski Electronics, Inc (Swiderski), and holding that the insurer, Valley Forge Insurance Company (Valley Forge), had a duty to defend a breach of privacy action brought against the insured. 

Insurers and Recovering the Cost of Defending Insureds: Illinois’ Restrictive Approach

By Alan J. Brinkmeier & John D. Dalton
January
2007
Article
, Page 42
The tough Illinois standard could be bad for policyholders as well as insurance companies, these defense lawyers argue.

New corresponding rules to the Covering ALL KIDS Health Insurance Program Act

January
2007
Illinois Law Update
, Page 14
The Department of Healthcare and Family Services (Department) has created part 123 of title 89 of the Illinois Administrative Code (Code) to implement the Covering ALL KIDS Health Insurance Program Act (Act). 215 ILCS 170/1 et seq. 

Where Spoliation of Evidence Meets the Duty to Defend

By Charles L. Philbrick
December
2006
Article
, Page 670
A look at the law of spoliation from the insured's perspective.

Courts have new powers regarding children’s health insurance in divorces -PA 094-0923

November
2006
Illinois Law Update
, Page 584
Recently, the Illinois General Assembly amended section 505.2 of the Illinois Marriage and Dissolution of Marriage Act in by adding paragraph (2.5) to subsection (c) in order to ensure health insurance is provided for children of divorce in an equitable manner. 750 ILCS 5/505.2(c)(2.5).

Busting Professional Liability Insurance Myths

By Karen Erger
August
2006
Column
, Page 442
Dealing with an uninsured malpractice claim is no stroll down the midway.

Insureds must give reasonable notice of claims or suits to insurers

By Helen W. Gunnarsson
July
2006
LawPulse
, Page 338
The supreme court holds that insurers may refuse to indemnify insureds who don't give timely notice of a claim, even if the insurer isn't prejudiced by the delay. 

Insureds to be viewed separately in determining coverage

June
2006
Illinois Law Update
, Page 284
On April 3, 2006, the Illinois Appellate Court, Third District, affirmed the decision of the Circuit Court of Will County, holding that a liability insurer, Illinois Farmers Insurance Company (Farmers), had a duty to defend and indemnify two insureds, Thomas and Cindy Kure. 

New guidelines for capitated agreements between HMOs and MCOs

June
2006
Illinois Law Update
, Page 284
By amending Part 5421 to Title 50, the Department of Financial and Professional Regulation has added new requirements for capitated agreements between Health Maintenance Organizations (HMOs) and Managed Care Organizations (MCOs). 

New rule for providers of health insurance

May
2006
Illinois Law Update
, Page 230
Effective February 15, 2006, the Illinois Department of Financial and Professional Regulation has added new sections to Part 2025 of Title 50.  

Bohner redux: insured properly denied coverage for “illegal” act, 7CA rules

By Helen W. Gunnarsson
April
2006
LawPulse
, Page 166
Like the Illinois Appellate Court, the federal seventh circuit ruled recently that an insurance company properly denied coverage to an under-the-influence driver based on the policy's exclusion for "illegal" acts.

Criminal-acts exclusion bars insurance recovery to DUI driver

By Helen W. Gunnarsson
March
2006
LawPulse
, Page 110
The court said a lesser traffic offense wouldn't trigger the auto-gap-policy exclusion. But will the ruling's logic be applied to other insurance policies with similar language? 

Minimum levels of financial responsibility for Illinois drivers altered

February
2006
Illinois Law Update
, Page 68
The Illinois Department of Transportation has added new sections to Part 387 of Title 92, 92 Ill Adm Code 387, that will be effective as of November 10, 2005. 

The ABCs of D&O Insurance: An Illinois Lawyer’s Guide

By Anjali C. Das
June
2005
Article
, Page 304
A look at common D&O policy provisions and exclusions with a view toward helping lawyers advise corporate clients.

Illinois Supreme Court 2004: Taking on the Tough Issues

By Nancy J. Arnold & Tim Eaton
April
2005
Article
, Page 174
Last year the court confronted contentious issues that matter not just to lawyers but to the public at large.

Study will investigate possible small employer health insurance pools PA 093-0824

April
2005
Illinois Law Update
, Page 170
Effective immediately, the Comprehensive Health Insurance Plan Board will conduct a feasibility study of establishing a small employer health insurance pool.

Proposed legislation would fix an underinsured-motorist pothole

By Helen W. Gunnarsson
February
2005
LawPulse
, Page 62
Even seasoned lawyers representing victims of underinsured motorists should beware this trap and encourage legislators to remove it.

Children granted health insurance coverage while applications for medical benefits are processed

December
2004
Illinois Law Update
, Page 620
The Illinois Department of Public Aid recently adopted 89 Ill Adm Code 120.

How to Respond to an ARDC Complaint

By Michael L. Shakman & Arthur W. Friedman
October
2004
Article
, Page 530
You get the dreaded letter from the ARDC– what do you do? Here's a step-by-step guide.

Individuals may elect to reduce automobile insurance coverage P.A. 093-0762

September
2004
Illinois Law Update
, Page 456
Effective immediately, any named insured person or applicant has the right to reject additional uninsured motorist coverage. 

Social security numbers may not be printed on insurance cards P.A. 093-0728

September
2004
Illinois Law Update
, Page 456
A person or entity may not print an individual's social security number on an insurance card.

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